Criminal Defense: Misdemeanors: Public Indecency

Public indecency in Ohio has 5 categories -- 5th degree felony down to a 4th degree misdemeanor. The controlling code section is Ohio Revised Code 2907.09. It is a sex offense under Ohio law.

There are essentially three ways to commit misdemeanor Public Indecency under Ohio law:

1.exposing private parts; or,2.engaging in sexual conduct or masturbation; or,3.engaging in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.

The additional elements of misdemeanor Public Indecency require the State of Ohio to prove beyond a reasonable doubt that the person acted "recklessly" and under "circumstances likely to be viewed by and affront others who are in the person's physical proximity."

Public Indecency charges are escalated to higher level crimes if the person acts "knowingly", if minors view the act, or if the person has prior convictions for Public Indecency.

You cannot be held criminally responsible for Public Indecency if the other person is your spouse or, in certain circumstances, if the other person resides in the same household.

If you are charged with public indecency, contact Attorney Jeffrey G. Edleman in Amherst, Ohio. We represent clients who face this type of charge in all municipal courts within Lorain County (Lorain, Elyria, Vermilion, Avon Lake, Oberlin) and some municipal courts outside of Lorain County.